Phoenix, AZ asked in Education Law and Employment Law for Arizona

Q: Can a school district make my wife continue to work at home while on FMLA and not pay her for full-time work?

My wife's school district has known that she would be taking leave for the birth of our son for several months. However, they have still failed to bring someone in to sub for her while she is on leave. While on leave she will not be given full pay. However, because of the district's incompetence, she is still being made to make lessons and plans at home all day long so the students can stay on track. They should be giving her full pay for making her continue to work all day while on leave. It is also added stress that I'm sure is not great for the few remaining days before the birth. It's not her fault that the school district couldn't find a sub or come up with a plan to cover for her in several months. What can we do?

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1 Lawyer Answer

A: You should contact an Arizona employment attorney to discuss this situation. If your wife is using FMLA leave, then she should be fully relieved of any of the normal duties she performs. If she is being forced to work while on FMLA leave, then this could be considered FMLA Interference.

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